Shree Chandrashekhar, J. - (1.) The petitioner is aggrieved of the order dated 17.07.2014 by which cognizance of the offence under Section 406/420 IPC has been taken in Bariatu P.S Case No. 70 of 2014 corresponding to G.R Case No. 1134 of 2014.
(2.) The learned counsel for the petitioner submits that a civil dispute which primarily pertains to breach of an agreement with the informant would not incur criminal liability to the petitioner. It is further submitted that a civil dispute if has been given colour of a criminal case, it would not preclude the Court from quashing the complaint/F.I.R, if, a wholesome reading of the materials on record does not make out ingredients of the offence as alleged.
(3.) What would constitute cheating has been indicated by the Supreme Court in Indian Oil Corpn. Vs. NEPC India Ltd. reported in, 2006 6 SCC 736, thus; "32. The essential ingredients of the offence of "cheating" are: (i) deception of a person either by making a false or misleading representation or by other action or omission, (ii) fraudulent or dishonest inducement of that person to either deliver any property or to consent to the retention thereof by any person or to intentionally induce that person to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.";